Unfortunately, people’s pasts have the tendency to catch up with them, even if they have changed to live lawful lives. With a criminal record, it can be hard to get a judge to see past it. Here we will examine the ways in which one’s past can affect their visitation rights.
During a child custody case, any criminal record that comes up may interfere with your argument for visitation rights. If the opposing party chooses to use it against you, it may be even harder to overlook, as they may continuously remind the court of your past. In any case, the court is to rule in favor of the child/children’s interest.
What Kind of Criminal Activity Will Affect my Rights?
The court will look at the evidence presented to them and decide what is best for your children. However, there are certain criminal behaviors that present an obvious threat to your children and thus minimize or eliminate your chances of visitation rights.
1. Substance/Alcohol Abuse
If you have a history of substance abuse, the court may choose to deny you any visitation rights or those rights may be limited. In the case that you have abused alcohol or drugs in the past, the court may see you as a threat to your children’s safety and may deny your visits or have them supervised.
2. Domestic Violence
Should there be any record of domestic violence in the home, this will greatly affect your visitation rights. The court could choose to deny visits if there is proof that you were a violent offender to your children, the other parent, or anyone else who may have lived in the home.
3. Sexual Offenses
If you have any history of sexual crimes, this may make it impossible to see your children without supervision, and in some cases the court may take away visitation rights altogether. Sexual abuse is a serious offense, and if the other parent chooses include proof of the abuse, it will be difficult to overlook.
Depending on the severity of the crime, a felony may be easier to disregard. There are a few factors that the court will look at when determining whether or not a felony will affect your visitation rights. Typically, the type of offense and the amount of time that has past will help decide what your rights will be.
If you feel the other parent is likely to bring up your past in an effort to keep you from getting visitation rights, then you should hire an attorney who can help you argue your case. Custody and visitation hearings can be brutal, especially for spouses seeking a divorce. If you are looking to hire a divorce lawyer in the Grove City area, contact Jeff Buskirk & Associates to get the help you need.
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